As already noted, on July 9, the Constitution, Green, and Libertarian Parties won a procedural victory in the Third Circuit in Constitution Party of Pennsylvania v Aichele. The Third Circuit said they do have standing to attack the challenge system, which puts them at risk of tens of thousands of court costs if their petitions don’t have enough valid signatures.

On July 18, Pennsylvania told the Third Circuit that it may request a rehearing en banc, and asked the Court to allow it until August 6 to decide. Normally the state’s request for rehearing would be due July 23, but the state says it needs more time to decide what to do.